5D05-3729 Edward Rohnv. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-3729

Case Date: 02/13/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

EDWARD E. ROHN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Decision filed February 17, 2006 3.850 Appeal from the Circuit Court for Orange County, John H. Adams, Sr., Judge. Edward Rohn, Century, pro se. No Appearance for Appellee. Case No. 5D05-3729

PER CURIAM.

AFFIRMED.

PLEUS, C.J., and THOMPSON, J., concur. SHARP, W., J., dissents, with opinion.

5D05-3729 SHARP, W., J., dissenting. Because Rohn's notice of appeal from the trial court's order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 was untimely, I would dismiss this appeal and not reach the merits. On August 31, 2005, the trial court rendered its denial of Rohn's motion. Under the mailbox rule,1 Rohn had 30 days in which to file his notice of appeal

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